1. Employee and Employer Contribution Division
Employee contributions to a 401(k)—the money the participant puts in—is always fully owned by the participant. That means whatever amount was contributed and remains in the plan as of the valuation date (typically date of separation, divorce filing, or another agreed-on date) can be divided without restriction.
However, employer contributions can be a different story. These are often subject to vesting schedules. If not 100% vested at the time of division, the alternate payee may not be entitled to a portion of the unvested amount. PeacockQDROs always checks this element during drafting.

